DEPUTY Speaker Paolo Ortega V on Sunday said petitions before the Supreme Court challenging the Senate impeachment court’s ruling on the conviction threshold will not derail the trial of Vice President Sara Duterte.
Ortega said the House prosecution team has long anticipated legal challenges and would continue preparing its case regardless of the petitions.
“This is not a hindrance to the prosecution’s preparations,” he said in Filipino in a radio interview.
He said the prosecution remains focused on presenting evidence and strengthening its case, rather than on the voting threshold issue.
“For us, it’s about preparation and laying the groundwork, then simply working continuously; the strength of our case hinges on that — on our preparation,” he said.
Ortega said the petitions could be viewed as a delaying tactic, but it won’t derail the impeachment proceedings.
He said the retired chief justices who testified as amici curiae before the impeachment court had affirmed the Senate court’s authority to resolve issues arising from the proceedings, and expressed hope the high tribunal would dismiss the petitions.
The impeachment court ruled that the two-thirds conviction threshold would be based on the number of active participating senator-judges rather than the full 24-member Senate.
Former executive secretary Victor Rodriguez and lawyer Ernesto Francisco Jr. have separately petitioned the Supreme Court to overturn or halt implementation of the ruling.
The impeachment trial will proceed unless the Supreme Court issues a formal restraining order or status quo ante order, court spokesman Reginald Tongol said.
Tongol said the Office of the Solicitor General will represent the impeachment court.
He said the Senate has not received official notice or copies of Rodriguez or Tolentino’s petitions, nor has it received any directive from the Supreme Court.
“As a co-equal branch of government acting as a constitutional tribunal, the impeachment court cannot act on the basis of news reports; its actions are guided strictly by formal official judicial processes,” he said.
Tongol said the Senate respects the jurisdiction and independence of the Supreme Court, and is prepared to respond should the petitions be given due course.
In a DZBB radio interview on Sunday, Tongol said the impeachment court expected the Supreme Court to resolve the challenge to the voting-threshold ruling before senator-judges cast their final votes on whether to convict or acquit Duterte.
Tongol said the court did not want to render a decision while the voting threshold issue remained unresolved before the Supreme Court.
“We do not want the impeachment court to issue a decision and then be left hanging as to whether it will be followed because there is still a pending issue before the Supreme Court,” he said.
Asked whether the Supreme Court could review a ruling of the Senate sitting as an impeachment court, Tongol declined to preempt the position of the Senate’s legal counsel and the Office of the Solicitor General.
He noted, however, that previous impeachment-related cases, including Francisco v. Senate, Duterte v. House of Representatives and Henerillo v. House of Representatives, reached the Supreme Court.
Tongol said these cases involved instances in which the high court exercised judicial review over actions involving other branches of government.
He also urged the public to remain engaged with the impeachment proceedings despite what some have described as “impeachment fatigue.” Tongol said Filipinos did not need to watch the proceedings every day but to set aside time to listen to the arguments and examine the evidence presented by both sides.
“Ultimately, this process is for the country, so that public officials can be held accountable and everyone participating in this process can do what is right, fair and just for the Filipino people,” he said.
Senate President Sherwin Gatchalian said the impeachment court would continue to follow its Sept. 23 ruling unless circumstances change.
He also said the trial could proceed as long as there is a quorum of senator-judges, even if Duterte’s defense team does not attend.
“Our responsibility is to try and decide. So as long as we have a quorum, we will proceed with the trial,” Gatchalian said.
Last week, the impeachment court voted 13-1 to overturn its earlier interpretation setting 16 votes as the conviction threshold, with six senator-judges not participating.
Under the new ruling, senators who are detained, suspended, legally restrained from performing their duties, medically or physically incapacitated, beyond the chamber’s coercive processes, or similarly situated, may not be allowed to vote when the court renders judgment.
Several senator-judges have been unable to participate in the proceedings. Jinggoy Estrada and Rodante Marcoleta are detained, Ronald dela Rosa is subject to an International Criminal Court arrest warrant and has not been participating, and Loren Legarda is on extended medical leave abroad.
Fair verdict
During the Philippine Constitution Association’s 65th anniversary celebration in Makati on Saturday, Sen. Panfilo Lacson said a “fair” and “evidence-based” verdict in the impeachment trial could help bring political stability.
Lacson said the impeachment trial has yet to reach the stage where a decision can be made because the defense has not presented its evidence.
“It is not yet complete. The defense has not presented its evidence. We only hear one side of the story. We need to hear the other side,” he said.
He said fast-tracking the trial could mean maximizing the limited trial time without compromising evidence.
